Anwar Nizath v. The Director Of Town And Country Planning

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.23292 of 2025 Anwar Nizath ... Petitioner Vs.

1.The Director of Town and Country Planning, Office of the Directorate of Town and Country Planning, Second, Third and Fourth Floor, C and E Market Road, Koyambedu, Chennai - 600 107.

2.The Member Secretary, Thoothukudi Town and Country Planning Authority, Thoothukudi, Thoothukudi District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration declaring that the reservation of area shown for scheme Road in S.Nos.62/8B and 63/8B at Pudur Pandiapuram Village, Ottapidaram Taluk, Thoothukudi District in the Pudur Pandiapuram Detailed Development Plan No.3 as lapsed and deemed to be released as per section 38 of the Town and country Planning Act, 1971. 1/5

For Petitioner : Mr.H.Arumugam For Respondents : Mr.D.Ghandiraj Spl. Govt. Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

2. In this writ petition, the petitioner prays for issuance of a Writ of Declaration, declaring that the reservation of land earmarked for a scheme road in S.Nos.62/8B and 63/8B, Pudur Pandiapuram Village, Ottapidaram Taluk, Thoothukudi District, in the Pudur Pandiapuram Detailed Development Plan No.3, has lapsed and is deemed to have been released under Section 38 of the Town and Country Planning Act, 1971.

3. The learned Special Government Pleader appearing for the respondents confirms that, pursuant to the reservation of land for a 2/5

scheme road in S.Nos.62/8B and 63/8B, Pudur Pandiapuram Village, Ottapidaram Taluk, Thoothukudi District, in the Pudur Pandiapuram Detailed Development Plan No.3, no steps have been taken.

4. Under similar circumstances, this Court has allowed writ petitions in several cases. I find no reason to take a different view in the present matter.

5. Accordingly, this writ petition is allowed. It is declared that the reservation of land for scheme road in S.Nos.62/8B and 63/8B, Pudur Pandiapuram Village, Ottapidaram Taluk, Thoothukudi District, in the Pudur Pandiapuram Detailed Development Plan No.3, has lapsed and is deemed to have been released under Section 38 of the Town and Country Planning Act, 1971. No costs. 28.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5

To 1.The Director of Town and Country Planning, Office of the Directorate of Town and Country Planning, Second, Third and Fourth Floor, C and E Market Road, Koyambedu, Chennai - 600 107.

2.The Member Secretary, Thoothukudi Town and Country Planning Authority, Thoothukudi, Thoothukudi District.

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C.SARAVANAN, J.

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